LICENSE AGREEMENT FOR MindView, Inc.'s Thinking in C: Foundations for C++ & Java CD-ROM
LICENSE AGREEMENT FOR MindView, Inc.'s
Thinking in C: Foundations for C++ & Java
CD-ROM
by Chuck Allison
READ THIS AGREEMENT BEFORE USING THIS "Thinking in C: Foundations for C++ & Java" ("CD"). BY USING THE CD YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IMMEDIATELY RETURN THE UNUSED CD FOR A FULL REFUND OF MONIES PAID, IF ANY.
©1999 MindView Inc. All rights reserved. Printed in the U.S.
SOFTWARE REQUIREMENTS
The purpose of this CD is to provide the Content, not the associated software necessary to view the Content. The Content of this CD is in RealNetwork's RealMedia format, as well as source-code files in C, C++ and Java, HTML files and other text files. For your convenience, this CD contains RealNetworks RealPlayers for: Windows 3.X, Windows 95, Windows NT 3.51 or later, and Apple Macintosh. Additional readers for other platforms are available at http://www.realnetworks.com
It is your responsibility to install the appropriate RealNetworks RealPlayer software for your system.
The text, images, and other media included on this CD ("Content") and their compilation are licensed to you subject to the terms and conditions of this Agreement by MindView Inc., having a place of business at 5343 Valle Vista, La Mesa, CA 91941. Your rights to use other programs and materials included on the CD are also governed by separate agreements distributed with those programs and materials on the CD (the "Other Agreements"). In the event of any inconsistency between this Agreement and the Other Agreements, this Agreement shall govern. By using this CD, you agree to be bound by the terms and conditions of this Agreement. MindView Inc. owns title to the Content and to all intellectual property rights therein, except insofar as it contains materials that are proprietary to third-party suppliers. All rights in the Content except those expressly granted to you in this Agreement are reserved to MindView Inc. and such suppliers as their respective interests may appear.
1. LIMITED LICENSE
MindView Inc. grants you a limited, nonexclusive, nontransferable license to use the Content on a single dedicated computer (excluding network servers). This Agreement and your rights hereunder shall automatically terminate if you fail to comply with any provisions of this Agreement or any of the Other Agreements. Upon such termination, you agree to destroy the CD and all copies of the CD, whether lawful or not, that are in your possession or under your control.
2. ADDITIONAL RESTRICTIONS
a. You shall not (and shall not permit other persons or entities to) directly or indirectly, by electronic or other means, reproduce (except for archival purposes as permitted by law), publish, distribute, rent, lease, sell, sublicense, assign, or otherwise transfer the Content or any part thereof.
b. You shall not (and shall not permit other persons or entities to) use the Content or any part thereof for any commercial purpose or merge, modify, create derivative works of, or translate the Content.
c. You shall not (and shall not permit other persons or entities to) use the Content or any part thereof in any presentation, seminar, or any other live performance without the express written consent of MindView Inc.
d. You shall not (and shall not permit other persons or entities to) obscure MindView's or its suppliers copyright, trademark, or other proprietary notices or legends from any portion of the Content or any related materials.
DISCLAIMER OF WARRANTY
The Content and CD are provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, any warranty of merchantability and fitness for a particular purpose. The entire risk as to the results and performance of the CD and Content is assumed by you. MindView Inc. and its suppliers assume no responsibility for defects in the CD, the accuracy of the Content, or omissions in the CD or the Content. MindView Inc. and its suppliers do not warrant that the Content will meet your needs or that operation of the CD will be uninterrupted or error-free or that any defects in the CD or Content will be corrected. MindView Inc. and its suppliers shall not be liable for any loss, damages, or costs arising from the use of the CD or the interpretation of the Content. Some states do not allow exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so all of the above limitations or exclusions may not apply to you.
In no event shall MindView Inc. or its suppliers' total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you for the CD.
The following are trademarks of their respective companies in the U.S. and may be protected as trademarks in other countries: Sun and the Sun Logo, Sun Microsystems, Java, all Java-based names and logos and the Java Coffee Cup are trademarks of Sun Microsystems; RealNetworks, RealPlayer, RealMedia, RealAudio, and all the RealNetwork logos are trademarks of RealNetworks; DOS, Windows 95, and Windows NT are trademarks of Microsoft.
